The following terms and conditions (the “Terms and Conditions”) shall govern the use of the Sites decero.com, decerowine.com, decerowinery.com and theowlandthedustdevil.com (hereinafter any one of them indistinctly called “the Site”) where PERMASUR S.A. (hereinafter “Permasur”) provides general information on the company and its activities. Any use of the Site by you (“the User”) implies the absolute acceptance of all and each of these Terms and Conditions. Its purpose is to define the conditions of access, navigation and use of the Site. The Terms and Conditions are established notwithstanding the terms and conditions of use of the platform offered by the Site and are not intended to contravene, replace or substitute the terms and conditions of use of said platform.
The User agrees to comply with all the provisions included in these Terms and Conditions, under any applicable laws, the by-laws, rules and regulations in respect of the use of the Site. The Site owner reserves the right to revise these Terms and Conditions at any time, updating and/or modifying them or this page. If the User does not agree with these Terms and Conditions, he/she must not access or use this Site.
Permasur, pursuant to law 24.788, provides the Site only for users who have reached the legal age to consume and/or purchase alcoholic beverages, (whichever is higher) in their country of residence and always provided that consumption and/or sale of alcoholic beverages is legal in that country. If no such laws exist in the country of residence, the User must be over 21 years of age to access the Site. Parents and legal representatives of minors are recommended to control and supervise their access to the web and to the sites they visit to prevent their access to contents and/or information that may prove improper or harmful to their proper development.
In order to grant access to the Site, Permasur requires the User to declare under penalty of perjury that he/she is over 18 years of age and/or that he/she has the legal age to purchase or consume alcohol in the country from where the Site is accessed.
1. SITE ACCESS. USE OF THE MATERIAL
1.1. Site access and use.
Access and use of the Site do not require the User’s prior subscription or registration. This notwithstanding, in the event that the use of any of the services offered through the Site requires the User’s subscription or registration, he/she shall be duly warned, and his/her subsequent use of the service offered by the Site shall constitute his/her exclusive responsibility.
1.2. Use of the Site.
The User undertakes to use the Site in accordance with the law, these Terms and Conditions, the accepted moral standards and good practices and public policy principles.
It is hereby prohibited any form of reproduction, distribution, exhibition, transmission, issuance, storage, digitalization, making available to third parties, translation, adaptation or any other kind of act through which the User can make direct or indirect use, either partially or totally of the contents of the Site. The User undertakes to refrain from using the Site for illegal purposes or effects, contrary to the provisions of the Terms and Conditions, prejudicial to the rights and interest of third parties, or that in any manner may damage, disable, overload or degrade the Site or prevent its normal use by other Users. The User shall be liable for any damages that Permasur may suffer, either directly or indirectly, as a consequence of his/her non-compliance with the obligations arising from these Terms and Conditions, from the terms and conditions of any particular service included in the Site or from the law applicable in respect of the use of the Site. The User shall be solely responsible for obtaining and maintaining the hardware and software necessaries to access the Site. Permasur reserves the right, at its total discretion, to interrupt or cancel the access to or the navigation through all or part of the Site and/or its contents and/or the services available, without prior notice and this will not entitle the User to claim damages or compensation.
1.3. Use of the contents of the Site.
Permasur authorizes the User to visualize and/or interact with the contents of the Site, only for his/her personal and non-commercial use. The contents of this Site, text, graphics, images, logos, button icons, software, images, patents, music, data basis and any other material, (“the Contents”) are protected by the laws on industrial and intellectual property, copyrights and trademarks. The Contents are the exclusive property of Permasur or authorized third parties, the rights whereof have been licensed or assigned to Permasur. The User must not sell or modify the Contents or reproduce, exhibit, represent them in public, distribute, or make any other use of the Contents for commercial or dissemination purposes. The use of the Contents in any other website is forbidden. The photos or images of the products exhibited in the Site are merely illustrative and not necessarily an exact representation of the product.
1.4. Site security rules.
The user is prohibited to violate or attempt to violate the security of the Site, including but not limited to: (a) access to data which are not intended for the User or enter a server or account the access whereof is not authorized to the User, (b) evaluate or test the vulnerability of a system or web, or violate the security or identification measures without due authorization, (c) attempt to prevent the service to any third party, host or web, including but not limited to, sending virus to the Site, or the implantation thereof, or through mail flooding, spamming, bombing or crashing and (d) send unwanted mails, including promotions and/or publicity of products or services. Violations to the security of the Site or the web may result in civil or criminal liability. Permasur shall investigate such violations and may cooperate with the competent authorities in order to pursue the User involved in said violations.
The Site may include links to other Internet sites or sources (including any source proposed by the platform offered by the means). Permasur cannot control said external sites and sources, and therefore will not be held responsible for the provision or exhibition of said external sites and sources, or of their contents, publicity, products, services or any other material available from said external sites or sources. Permasur will not be held responsible for any damage or loss directly or indirectly resulting from the use of the contents, goods or services available in said external sites or sources.
1.5. Prohibited uses
Permasur expressly prohibits any use of the Site, (and the use of the Site by the User implies acceptance of this prohibition) as follows:
- To use any mechanism, software or routine to prevent or attempt to prevent the adequate operation of the Site or of any activity being carried out on the Site.
- To take any action that imposes a disproportionate or unreasonable large load on the infrastructure of the Site. .
- If the User has a password that allows the access to a non-public area of the Site, to disclose or share his/her password with third parties or to use his/her password for any non-authorized purpose.
- Notwithstanding anything to the contrary contained in these Terms and Conditions, to use or attempt to use any machine, software, tool, agent or other mechanism or device in order to navigate or search in this Site, different from the browsers made available on this Site by Permasur other than the generally available web.
- To attempt to decipher, decompile or obtain the source code of any software program which may be included in or be a part of this Site.
Permasur reserves the right to remove any User who does not comply with the standards defined in these Terms and Conditions or the policies thereof, without any right of compensation for the User. The causes for suspension or removal include (without limitation):
- The User’s noncompliance with or violation of these Terms and Conditions.
- Any requirement from the legal or governmental authorities.
- The User’s request.
- Technical or computer security problems.
- Extended periods of inactivity.
- If the User causes the technical interruption of the Site service.
The User accepts the illegality of any of the causes of termination above mentioned and/or any cause that Permasur may in the future invoke in its sole discretion.
Permasur does not guarantee or assume any kind of responsibility for damages suffered as a consequence of third parties’ access to the Site through connections, links, hyperlinks or similar links from the Site or any other site, property of Permasur and/or linked sites, or through links with other sites that the User may establish from the Site. The User voluntarily accepts that the use of the Site, the services and the Contents thereof, takes place, in any case under his/her sole and exclusive responsibility.
2. PRIVACY POLICIES
2.1 Registration of the User
In the event the User wishes to join the Wine Club of Finca Decero, the User will be requested to provide certain information to Permasur, including, among other data, the surname, name, document number, telephone number, street address, city, zip code and e-mail address (“the Information”). Permasur shall not disclose the Information to third parties without the previous consent of the User, except to the extent necessary to comply with the laws or legal procedures, when said information is relevant and in accordance with the provisions of Law 25.326 for the Protection of Personal Data.
Any information or personal data provided by the User to Permasur will be used in accordance with the context provided in the Political Section of Privacy.
2.1 Information registration
Permasur will be entitled to collect from the User, his/her IP address, domain name, date and time of his/her visit to the Site, the visited pages within the Site as well as the information downloaded from the Site. It will also have access to the site previously visited by the User, the traffic source, the browser type and the platform used.
When the User enters the Site, he/she consents to the collection of said information, which may be used by Permasur to collect demographic information, for studies of marketing and to identify which are the most useful and popular sections of the Site. This information shall, in no event, be disclosed to third parties without the previous consent of the User.
3. LINKS TO OTHER SITES
The Site contains links to other sites (such as Facebook, Twitter or Vimeo) the information, photos and/or videos whereof, are provided by Permasur. The links provided by Permasur are exclusively for the convenience of the User. Permasur is only responsible for the images, texts and/or photos it uploads to the Site, and will not be held responsible for the rest of the material and/or contents of the sites of third parties that could be accessed through links. The User’s access to other sites is under his/her own risk and responsibility. Permasur shall take all steps or procedures that may be necessary to remove or disable the links to the extent that it has actual knowledge that the activity or information to which they refer or recommend is illegal or may damage the property or rights of third parties susceptible of compensation.
4. COOKIES POLICY
The User accepts to defend, indemnify and hold Permasur, its executives, employees and representatives harmless from and against any charge, action or claim, including, but not limited to, the reasonable costs resulting from the use by the User of the Site, its Contents and of the services provided through the Site, or from the User’s violation of the Terms and Conditions. Permasur will promptly notify the User of any claim, action or proceeding and will assist him/her, at its expense, in the defense against any claim, action or proceeding of this kind.
6. GENERAL PROVISIONS
6.1. These Terms and Conditions shall be governed and construed pursuant to the laws of the Republic of Argentina. The User and Permasur will submit any dispute or conflict in respect of the Site or arising from its use to the jurisdiction of the Ordinary Courts of the City of Buenos Aires, excluding any other court or jurisdiction that could correspond.
6.2. The duration of the Site service is, in principle, indefinite. Without prejudice to the above, Permasur shall be entitled to terminate or suspend the provision of the Site services and/or its Contents and services at any time. Whenever reasonably possible, Permasur shall give the User prior notice of the termination or suspension of the Site service.
6.3. The User acknowledges that the use of the Site and its services or Contents is prohibited in all jurisdictions where the effectiveness of the Terms and Conditions is not recognized.
6.4. It is absolutely forbidden to copy, paste and/or modify these Terms and Conditions and/or the data, images and/or contents of the Site.
Permasur, domiciled at San Martín 1167, 1st floor, City of Mendoza, Province de Mendoza, Argentina, is responsible of the Site. The opinions expressed by third parties and/or the contents of the Site arising therefrom are the exclusive responsibility of the authors and do not necessarily reflect Permasur’s opinion.